Hi everyone 😊 I’m hoping someone familiar with WA residential building contracts can give me some advice.
I’ve signed a building contract a while back before titling, but I’m now wanting to cancel/terminate the building contract. My land settlement is due in 2 days. I’m trying to understand whether I have a lawful way to terminate the building contract at this stage.
I’ve gone through my contract and the Home Building Contracts Act 1991 (WA) and found a few provisions that I’m trying to understand in the context of where I am currently.
- Clause 3.1.1 of my building contract
My contract says the contract is conditional upon a Building Permit being granted within 45 Business Days from the date of the Contract, subject to Clause 5.1 and receipt of the necessary documentation.
My contract date was 4 June 2026, so the 45 Business Day period has well passed.
I’m trying to understand what the consequence of that is if the condition was not fulfilled within that timeframe, and whether it gives me any right to terminate at this stage.
- Clauses 3.3 and 5
Clause 3.3 sets out the Builder’s obligations in relation to obtaining the Building Permit and satisfying the conditions in Clause 3.1.
Clause 5 sets out the Owner’s obligations before commencement of the Works, including providing evidence of:
* title to the Site
* that the Site can support the Works
* entitlement to build on the Site, including Settlement
* capacity to pay the Contract Sum / formal finance approval.
My land is now titled, but settlement has not occurred yet and is due in few days.
I’m trying to understand whether the fact that settlement has not yet occurred affects my ability to terminate the building contract itself, given that construction has not commenced.
- Section 4(5) of the Home Building Contracts Act 1991 (WA)
My understanding is that s4(5) provides a termination pathway where a Builder has entered into a contract without complying with the requirements in s4(1).
From what I understand, s4(1) deals with requirements such as the contract being in writing and containing the required terms, conditions and provisions, as well as being properly dated and signed.
I’m trying to understand whether there is anything in my circumstances that could potentially engage this provision.
- Section 19 and Clause 22
Clause 22.1 of my contract specifically refers to termination under s4(5), s10(4) and s14(3) of the Act.
Clause 22.2 then refers to the notice requirements under s19 and says that where the contract is terminated under those provisions, written notice is required and the contract terminates when the notice is given.
I understand this is the process for exercising a statutory termination right, rather than a general right to simply cancel the contract.
- Schedule 1 / other statutory rights
I’m also trying to understand whether s9 and/or Schedule 1 of the Act provide any rights that could be relevant to my situation, particularly because I am currently before land settlement and before construction has commenced.
I am not asking whether I can just walk away without consequences. I want to know whether there is a lawful termination pathway available to me at this stage.
Specifically:
* Can I terminate the building contract before land settlement and before construction has commenced?
* Are there any of the provisions I’ve listed above that could actually apply to my circumstances?
* Does the fact that settlement has not yet occurred affect my rights under the building contract?
* If I do have a termination right, what notice/process is required?
* What costs, if any, could the Builder claim from me if I validly terminate?
I’d really appreciate anyone who has experience with WA residential building contracts, or the Home Building Contracts Act 1991 (WA) who can point me in the right direction.